Générations futures et al v. Ministry of Agriculture

Reference :

439127 // 2021-891 QPC

Complaint date :

April 23, 2020

Status :

Final judgment

Place of jurisdiction :

France, Paris

Plaintiffs types :

Health/Food groups, Consumer Protection Organizations, Environmental NGOs, Medical doctors, Unions

Plaintiffs names :

Générations Futures, UFC-Que choisir, Collectif de Soutien aux victimes des pesticides de l’Ouest, France Nature Environnement (FNE), Solidaires, Eau et Rivières de Bretagne, Alerte des Médecins sur les Pesticides (AMLP), Vigilance OGM Charentes, Ligue pour la Protection des Oiseaux (LPO), Collectif Victimes des Pesticides des Hauts de France (en soutien)

Defendants :

Ministère de l'Alimentation, de l'Agriculture et de la Pêche

Lawyers for Health and Environmental Justice :

François Lafforgue, Hermine Baron

Case nature :

Administrative

Specificities :

Direct action of unconstitutionality

Type(s), Product(s), Active substance(s) :

All

Requests :

Cancellation of the ministerial instruction of 3 February 2020, the press release "Safety distance for phytopharmaceutical treatments near dwellings" published on 30 March 2020 and the note "Elements of implementation", in its 4th version of 30 March 2020.

Name of the Court :

Council of State of Paris, France

Jurisdiction level :

Decision date :

July 26, 2021

Decision nature :

Partially Positive

Decision content :

The Council of State judges that "the minimum distances for spraying products whose toxicity is only suspected (...) are insufficient" and orders the government to strengthen the rules of use, following the decision of the Constitutional Council that these provisions are not consistent with the constitution.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

9 NGOs challenge the ministerial instruction of 3 February 2020, the press release "Safety distance for plant protection treatments near homes" published on 30 March 2020 and the note "Elements of implementation", in its 4th version of 30 March 2020. They consider that the texts are not respected and that they do not adequately protect the health of local populations during this exceptional period of containment. The hearing took place on May 12, 2020, following which the Ministry of Agriculture undertook to remove the press release and the note from the Ministry's website. On 5/15/2020, the interim relief judge rejected the associations' request for lack of urgency. On 05/15/2020, the judge in summary proceedings rejects the NGOs' request for lack of urgency (440211). On 11/10/2020, the NGOs ask the Council of State to refer to the Constitutional Council the question of the conformity with the rights and liberties guaranteed by the Constitution of the provisions of art. L.235-8 of the rural and maritime fishing code. On 1/4/2021, the Council of State decides to refer the question to the Constitutional Council and to postpone ruling on the request until the Constitutional Council has ruled. On 3/19/2021, the CC ruled that these provisions were unconstitutional. This means that the "commitment charters", which aim to reduce the safety distances between homes and pesticide applications, cannot be implemented. On 7/26/2021, the Council of State joined cases 439100 and 439127, 437815 (Collectif des maires anti-pesticides), 438085 (CRIIGEN), 438343 (Agir pour l'environnement), 438444 (Chambre départementale d'agriculture de la Vienne), 438445 (Coordination rurale), 439189 (communes de Tremblay-en-France, Compans, Mitry-Mory et Champigny-sur-Marne), 441240 (M. B... C..., Santé environnement combe de Savoie, Mr. E... D... and Alerte aux Toxiques) and 443223 (Mr. F... A... and the company A...-Sol). The intervention of the commune of Bègles is admitted. It judged that "the minimum distances for spreading products whose toxicity is only suspected (...) are insufficient" and ordered the government to reinforce the rules of use (insufficient distances, information for residents and people present in the vicinity of spreading areas, protective measures for people working near an area where pesticides are used) within six months.

Scientific references :

No scientifice reference for this case.